Hi
The abolition of art.370 clearly states that the special status of Jammu & Kashmir, as a state has come to an end, and now its a Union Territory. Now its possible that whatever laws are passed by the Central Parliament, they will automatically get applied to J&K. To answer your query, Yes Sec.1 of the Indian Penal Code 1860 now applies to all over India including Jammu & Kashmir.
This was not previously possible, since the J&K government had the authority to pass his own laws on all matters except Defence, External Affairs and Communications, giving it far more legislative power than any other state. But now, with the end of Article 370 and the bifurcation of the State into Union Territory, this will have some genuine legal consequences for the people of J&K.
To start with Ranbir Penal Code(RPC), which was followed in J&K, which had similar provisions like the Indian Penal Code(IPC), will be no longer applied to J&K now.
Here are some of the Key Provisions which will be followed in J&K after the abolition of Art.370
- With the applicability of IPC in the region, the constitutional Bench's Landmark Judgment regarding Section 377, to decriminalize the Consensual Homos*xual Act will be in force there as well.
- The Supreme Court’s striking off of the child marital exception in Section 375 of the IPC will also apply to J&K now. As a result, if a man has s*xual intercourse with a girl between the ages of 15-18, this will be rape regardless of whether they are married.
- The RPC did not provide for the the equivalent provision for Section 304-B as stated in IPC, which punishes ‘Dowry Deaths’. The IPC provision is very distinct, as it includes a presumption that the unnatural death of any married woman within seven years of marriage is a dowry death if it can be shown that there were any demands for dowry from the husband’s family. The same will apply to the territory now.
- Also the Protection of Children from Sexual Offence Act 2012(POSCO Act) with the 2019 Amendments is now being considered as a welcome move by the people of J&K. The act includes death penalty for aggravated penetrative assault of a child below the age of 12 and makes child p*rnography a separate, punishable offence.
- Juveniles Above the age of 16 Can now be Tried as Adults. J&L laws for Juveniles were different from the corresponding to India's Juvenile Justice Act passed in 2000. But with the abolition of Art.370, the amendments in the act are now applicable to J&K also.
Hope this has given you a clear view regarding the implementation of IPC laws in Jammu & Kashmir after the abolition of Art.370
For any other query, please feel free to write to us.
Regards
Saguna Patheja
